Chapter Two- American Gov notes

Historical Context of Rights and Governance

• Early Recognition of Rights

  • Important figures like Locke advocated for human rights before American independence.

  • British government had duties to protect lives, liberties, and property of citizens prior to colonization.

• Magna Carta (1215)

  • Signed by King John to promise protections against royal overreach.

  • Key clauses include:

    • Protection for life, liberty, and property.

    • Famous clause: "No freemen shall be taken, imprisoned... except by the lawful judgment of his peers or by the law of the land."

  • Foundation for modern rights, influencing U.S. Fifth and Sixth Amendments.

  • Originally for barons, but later seen as a critical liberty document for all English citizens.

  • Rights could be revoked by monarchs; contrasted by Locke's view of natural rights as God-given.

• The English Bill of Rights (1689)

  • Enacted following the Glorious Revolution to limit monarchical power and protect citizens' rights.

  • Explicitly guaranteed rights to life, liberty, and property, influenced by Locke.

  • A precursor for the U.S. Constitution and Bill of Rights.

Locke’s Ideas on Government and Rights

• Social Contract Theory

  • Locke argued that government was created by people, not divinely appointed.

  • Individuals consented to surrender some freedoms in exchange for protection of their rights.

  • Governments abusing power break the contract; citizens can withdraw consent and establish a new government.

• Influence on American Political Thought

  • Colonists viewed British taxation without representation as a violation of rights.

  • Concepts of self-governance were established prior to independence, with colonial legislatures already functioning.

  • Example of self-government: Virginia's House of Burgesses and the Mayflower Compact by Pilgrims.

The Path to Independence

• Changing Colonial Attitudes

  • Initially, colonists loyal to the crown, but tensions rose after the 1763 Seven Years War marked a shift.

  • The Proclamation of 1763 limited westward expansion, inciting resistance.

• Economic Grievances

  • British debt led to new taxes (e.g., gold and silver requirements) and direct taxes like the Stamp Act (1765).

  • Direct taxes without consent perceived as reducing free status.

• Escalation of Hostilities

  • Boston Massacre (1770) heightened tensions; British troops killed civilians, leading to increased resistance.

  • Boston Tea Party (1773) symbolized growing defiance against British oppression.

Legislative Responses and Revolutionary Action

• Coercive Acts (1774)

  • Aimed to punish Massachusetts, limiting town meetings and self-governance, uniting colonies in opposition.

• Continental Congress (1774, 1775)

  • Convened to draft rights declarations and grievances against British rule.

  • Following skirmishes at Lexington and Concord, Congress drafted the Declaration of Causes.

• Declaration of Independence (July 2, 1776)

  • Statement of separation from Britain, emphasizing rights to life, liberty, and pursuit of happiness.

  • Jefferson outlined grievances against the king, elaborating on how rights were violated.

  • Established the foundation for a new government guided by the consent of the governed.